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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 80
No grant to particular persons if primary victim’s activities caused act of violence
80 No grant to particular persons if primary victim’s activities caused act
of violence
(1) The government assessor can not grant assistance to a primary victim of an
act of violence if the government assessor is satisfied, on the balance of
probabilities, the only reason, or the main reason, the act of violence was
committed against the primary victim was— (a) because the victim was
involved in a criminal activity when the act of violence happened; or
(b)
because of the victim’s previous involvement in a criminal activity, whether
or not the victim is currently involved in the criminal activity.
(2) The
government assessor can not grant assistance in relation to an act of violence
to a person who is not the primary victim of the act if the government
assessor is satisfied, on the balance of probabilities— (a) the only reason,
or the main reason, the act of violence was committed against the primary
victim of the act was a reason mentioned in subsection (1) (a) or (b) ; and
(b) the person was, or ought reasonably to have been, aware of the primary
victim’s involvement in the criminal activity.
(3) Subsection (2) does not
apply if the person was aware of the primary victim’s involvement in the
criminal activity only because the person witnessed the act of violence.
(4)
In deciding whether a primary victim of an act of violence was involved in a
criminal activity, the government assessor may have regard to the following—
(a) any information, or the contents of any document, about the act of
violence obtained under section 65 or 66 ; and
(b) the circumstances of the
offences to which the convictions mentioned in the victim’s criminal history
relate, including— (i) when the offences happened; and
(ii) the seriousness
of the offences; and
(iii) the primary victim’s age when the offences
happened; and
(iv) the regularity of the offences; and
(c) any other matters
the assessor considers relevant for assessing the primary victim’s
involvement in a criminal activity.
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